Mary Ellen Cummings

G. Pickell

A. Haward

Consent order declaring Athletica Inc. a successor employer and ordering payment of $4,000.

The applicant union brought an application for declaratory relief under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to the Board under section 133.

The parties entered into Minutes of Settlement resolving all issues.

The Board issued a consent order declaring Athletica Inc. a successor employer to Crystaplex Plastics Ltd. and bound to the provincial collective agreement.

The Board also ordered Athletica Inc. to pay $4,000 to the applicant.

Carpenters and Joiners Local 494 United Brotherhood of Carpenters and Joiners of America v. Crystaplex Plastics Ltd., 2000 CanLII 7557

Mary Ellen Cummings

G. McMenemy

OLRBUnanimous0 cases2000–2000

G. Knight

Representation vote ordered in construction industry certification application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken among the eligible employees.

International Brotherhood of Electrical Workers, Local 773 v. TBT Electric Ltd., 2000 CanLII 6435

Mary Ellen Cummings

Further extension of time granted to file submissions due to Board's administrative error.

The applicant sought a suspension and appeal of an inspector's order under the Occupational Health and Safety Act.

The Board had previously granted an extension of time for the applicant to file additional submissions after retaining counsel, but failed to send a copy of that decision to the counsel.

The Board apologized for the administrative error and granted a further extension of time for the applicant to file submissions.

Armbro Construction Ltd. v. Labourers Local 527 Ottawa, 2000 CanLII 8557

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order issued declaring collective agreement violations and ordering payment of $3,272.52 in damages.

The applicant union referred a grievance in the construction industry to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement and requested the Board to issue a consent order.

The Board declared that the responding party was bound by the collective agreement and had violated several of its articles.

The Board ordered the responding party to pay $3,272.52 in damages, representing unpaid remittances and compensation to a union member.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Shawn’s Roofing Inc., 2000 CanLII 1949

Mary Ellen Cummings

Employee request for review terminated following confidential settlement between the parties.

The applicant employee requested a review of an Officer's decision not to issue an Order to Pay under the Employment Standards Act.

The parties subsequently entered into confidential Minutes of Settlement.

As the settlement resolved all issues in dispute, the Board terminated the matter in accordance with section 69.1(5) of the Act.

Gina Vona v. Vernomatic Ltd. c/o Magna International, 2000 CanLII 1945

Mary Ellen Cummings

Request to suspend health and safety order pending appeal declined as employer was already complying.

The applicant employer sought to suspend an Inspector's order requiring it to establish a joint health and safety committee for replacement workers during a strike, pending an appeal of that order.

The employer argued the order was unclear and could cause workplace divisions.

The Board declined to suspend the order or decide the merits of the suspension request at this time, noting that the employer had already filed a Notice of Compliance and the Inspector was satisfied with the current compliance.

The employer was permitted to revive the request if circumstances changed.

Falconbridge Limited v. Sudbury Mine, Mill & Smelter Workers’ Union, Local 598/C.A.W., 2000 CanLII 1305

Mary Ellen Cummings

Application for review dismissed as untimely; applicant failed to justify 60-day delay in filing.

The applicant filed an application for review of an Officer's decision 60 days beyond the statutory 45-day time limit under the Employment Standards Act.

The applicant claimed she was out of town and did not receive the decision on time, but failed to explain a further one-month delay after dating the application.

The Board declined to extend the time limits, noting the applicant's failure to make mail arrangements and lack of prompt action upon return.

The application was dismissed as untimely.

Small v. Tommy Cooks Restaurant, 2000 CanLII 9924

Mary Ellen Cummings

Unfair labour practice complaint terminated due to applicant's failure to file a Certificate of Delivery.

The applicant filed a complaint alleging the union breached its duty of fair referral under section 75 of the Labour Relations Act, 1995.

The applicant failed to include a Certificate of Delivery as required by Rule 25 of the Board's Rules of Procedure.

Despite being notified by the Registrar, the applicant did not provide the certificate or explain its absence.

The Board declined to process the application and terminated the proceeding pursuant to Rule 39.

Giancarlo Cesaroni v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, 2000 CanLII 7879

Mary Ellen Cummings

G. Pickell

A. Haward

Board orders representation vote in construction industry certification application after employer fails to respond.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party failed to file a response.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken of the eligible employees in the appropriate bargaining unit.

Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America v. E. Sanita Holdings Ltd., 2000 CanLII 7781

Mary Ellen Cummings

Time limit to file application for review extended where applicant mistakenly sent appeal to Officer.

The applicant filed an application for review of an Officer's decision not to issue an Order to Pay under the Employment Standards Act two days beyond the 45-day statutory time limit.

The applicant explained that he mistakenly sent the appeal to the Employment Standards Officer instead of the Board.

The Board exercised its discretion under section 68(4) of the Act to extend the time limit, finding it appropriate given the short delay and the reasons provided.

John N. Hung Deu v. Allied Partners Insurance Agency Ltd., 2000 CanLII 2746

Mary Ellen Cummings

Adjournment request denied as inconvenience to witnesses due to business commitments is not a satisfactory reason.

The employer applied for a review of an Officer's decision to issue an Order to Pay and requested an adjournment of the scheduled hearing because the date was inconvenient for its witnesses due to prior business commitments.

The Ministry of Labour consented to the adjournment.

The Ontario Labour Relations Board denied the adjournment request, stating that it does not adjourn matters merely because hearing dates are inconvenient to witnesses, parties, or counsel, and directed the employer to attend the scheduled hearing prepared to present its case.

A. A. Waters & Brooks v. Farzin Lachini et al., 2000 CanLII 2575

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Three masonry contractors declared a single employer due to common control and erosion of bargaining rights.

The applicant unions sought a declaration under sections 69 and 1(4) of the Labour Relations Act that three masonry contractors constituted a single employer.

The responding parties did not file responses or participate in the proceedings.

The Board determined the matter on the materials filed, finding that the entities were under common control and direction, and that the non-union entity was performing work previously done by the unionized entities.

The Board granted the application and declared the three entities a single employer to prevent the erosion of bargaining rights.

Masonry Council of Unions Toronto and Vicinity v. Rulman Masonry Inc., 2000 CanLII 6367

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw his application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

Peter Anthos v. Mega Burgers and Ministry of Labour, 2000 CanLII 2658

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 6, 2000

Board cancels oral hearing and proceeds on written materials after responding parties fail to participate.

The applicants filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding parties did not file responses or express interest in the proceedings.

After ensuring affected employees received notice and an opportunity to participate, the Board granted the applicants' request to determine the matter based solely on the written materials provided, cancelling the scheduled oral hearing.

Masonry Council of Unions Toronto and Vicinity v. Rulman Masonry Inc., 2000 CanLII 6858

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 20, 2000

Board directs oral hearing to resolve factual disputes regarding validity of voluntary recognition agreement.

The applicant applied for certification in the construction industry.

The Board previously directed the applicant and intervenor to exchange pleadings on whether a valid voluntary recognition agreement existed between the responding party and the intervenor, which would bar the application.

Finding significant factual disputes in the submissions, the Board directed that the matter be resolved in a traditional oral hearing.

Construction Workers Local 52 v. Valleywood Air Systems Inc., 2000 CanLII 6648

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board incorporated Minutes of Settlement and scheduled a hearing to determine additional monies owing.

The applicant union referred a grievance in the construction industry under section 133 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement, which they requested the Board to incorporate into a decision.

The Board declared that a subpoena served on a witness remained binding for the upcoming hearing and that the sole issue for determination at the hearing would be the amount of additional monies owing pursuant to the collective agreement violations.

The matter was referred to the Registrar to be listed for hearing.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc., 2000 CanLII 7054

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Grievance referral withdrawn with leave of the Board following Minutes of Settlement.

The applicant union filed a grievance referral against the responding party employer.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 3536

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 14, 2000

Application adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding party employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if neither party requested to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Ziggy’s General Contracting Ltd., 2000 CanLII 11001

Mary Ellen Cummings

OLRBOntario Labour Relations BoardSep 11, 2000

Board lacks jurisdiction to determine employment status of part-time college workers excluded from CCBA.

The applicant union sought a determination of the employment status of certain persons working at the Co-op, alleging the College was their true employer.

In a supplementary decision addressing issues overlooked in a prior ruling, the Board held it had no jurisdiction to determine the status of part-time employees, as they are excluded from the definition of 'employee' under the Colleges Collective Bargaining Act.

The Board also ruled that the customary order of proceeding would apply, requiring the applicant to proceed first.

Ontario Public Service Employees Union and its Local 672 v. le Conseil d’administration du Collège Boréal and la Coopérative du Collège Boréal Limitée, 2000 CanLII 11772

for 935772 Ontario Limited c.o.b. as "Royal Taxi"

Carl PetersonCounsel
1 appearance

for a number of responding parties

Robert A. StewartCounsel
1 appearance

for Aspen Aluminum

Gary FoersterCounsel
1 appearance
Mike FoersterCounsel
1 appearance
Mark E. GeigerCounsel
1 appearance
Chris EllisCounsel
1 appearance

for Association of Allied Health Professionals: Ontario

Susan UrselCounsel
1 appearance
Bob FrleCounsel
1 appearance
Larna OcampoCounsel
1 appearance

for Bill George Frolick et al

David CowlingCounsel
1 appearance

for Canadian Linen and Uniform Service Company Ltd.

Bob KupchakCounsel
1 appearance
Stephen F. WilsonCounsel
1 appearance
Erin R. KuzzCounsel
1 appearance

for Canadian Union of Public Employees

Dana IvanochkoCounsel
1 appearance
Mohani SwaminathanbCounsel
1 appearance
Any JackmanCounsel
1 appearance
Kim SheppardCounsel
1 appearance

for Canadian Union of Public Employees, Local 2296

Cathy LaceCounsel
1 appearance
Ian ThompsonCounsel
1 appearance

for Carpenters and Allied Workers, Local 27 United Brotherhood of Carpenters and Joiners of America

Sergio LopesCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America

Farah BalouCounsel
1 appearance
Steve WolfreysCounsel
1 appearance
Butch BiscoCounsel
1 appearance
David WatsonCounsel
1 appearance

for Carpenters’ and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America

C. CalliganCounsel
1 appearance
Lister TenantCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for City of Toronto

Issic BergerCounsel
1 appearance
Heather CrispCounsel
1 appearance

for College Boréal

George VuiciCounsel
1 appearance
Diane BelandCounsel
1 appearance

for Conseil scolaire de district des écoles catholiques du sud-ouest

François Lee-DaigleCounsel
1 appearance
S. Margot BlightCounsel
1 appearance

for Denise Fitzpatrick

Jeffrey E. Canto-ThalerCounsel
1 appearance

for Family and Children's Services of the District of Thunder Bay

Fred BickfordCounsel
1 appearance

for Fédération des enseignants et enseignantes des écoles secondaires de l’Ontario

Allen GottheilCounsel
1 appearance
Colombe BeauregardCounsel
1 appearance

for Guy Rivest, on his own behalf and on behalf of a group of employees of Les Toitures Raymond 1997 Inc. and/or Les Toitures Raymond et Ass. Inc. and/or Raymond and Associates Roofing Inc.

Bruce SevignyCounsel
1 appearance
Guy RivestSelf-represented
1 appearance

for Hay Management Consultants Limited

Mary EbertsCounsel
1 appearance
Linda TelgarskyCounsel
1 appearance

for herself

Kathy CraneSelf-represented
1 appearance

for himself

Barry EpsteinSelf-represented
1 appearance

for Jack Da Silva

H. P. RolphCounsel
1 appearance

for la Coopérative du Collège Boréal Limitée

Marcel LegerCounsel
1 appearance

for Le Syndicat Canadian de la fonction publique

Denise CarterCounsel
1 appearance
Denise BondyCounsel
1 appearance
John ElderCounsel
1 appearance
Daria IvanochkoCounsel
1 appearance

for Local 2

Ron SmithUnion representative
1 appearance

for Maclean Hunter Canadian Publishing, a division of Maclean Hunter Limited

Charles LeeCounsel
1 appearance
Lee ShouldiceCounsel
1 appearance

for Maclean's Magazine and Canadian Publishing Division of Maclean-Hunter Limited

Lee ShouldiceCounsel
1 appearance
Charles LeeCounsel
1 appearance

for Matrix Construction Ltd.

Tony RobertsAgent
1 appearance

for Metcalfe Realty Company Limited

Michael S. RuddyCounsel
1 appearance
Jan HaubrichCounsel
1 appearance

for Nice-Trim Finish Carpentry Ltd.

Joseph LibermanCounsel
1 appearance

for Ontario Nurses’ Association

Barbara FindlayCounsel
1 appearance
Caroline CohenCounsel
1 appearance
Anne MurrayCounsel
1 appearance
Raymonde BoileauCounsel
1 appearance

for Ontario Public Serivce Employees Union

Tracey MussettCounsel
1 appearance
Richard A. BlairCounsel
1 appearance

for OPSEU

Barb MeilennerUnion representative
1 appearance
Kristin EliotUnion representative
1 appearance
Mario PostareroCounsel
1 appearance
Ed OgibowskiCounsel
1 appearance
Michael YuilleUnion representative
1 appearance
Richard BlairCounsel
1 appearance
Jamie RamageCounsel
1 appearance
Martin SarraUnion representative
1 appearance
Gavin AndersonUnion representative
1 appearance
Pat McGregorUnion representative
1 appearance
Brad ThompsonCounsel
1 appearance

for Peterborough Civic Hospital

Robert HickmanAgent
1 appearance
Philip DayAgent
1 appearance

for Pinevalley Trim & Doors Ltd.

Antonio RodriguesCounsel
1 appearance

for Pinevalley Trim & Doors Ltd. and Wyecroft Lumber and Trim Limited

David ChondonCounsel
1 appearance

for Providence Continuing Care Centre St. Mary’s of the Lake Hospital Site

Sandra CarltonCounsel
1 appearance
Roy FilionCounsel
1 appearance
Jim CorneilCounsel
1 appearance

for responding party employer

Shawn KirwanCounsel
1 appearance
Andrew GreenCounsel
1 appearance

for Richard Appleton and Brian Greene

H. KopytoAgent
1 appearance

for Scarborough Town Centre Holdings Inc.

John BragagnoloCounsel
1 appearance
David C. DanielsCounsel
1 appearance

for Service Employees International Union, Local 204

Karen WalshCounsel
1 appearance
Peggy ReillyCounsel
1 appearance
Kate HughesCounsel
1 appearance

for Sheet Metal Workers’ International Association, Local No. 47

Craig MorrisionCounsel
1 appearance

for Sherwood Trim & Doors Inc.

Edward IrvineCounsel
1 appearance
Joseph MorrisonCounsel
1 appearance

for St. Michael's Hospital

Michael MogaCounsel
1 appearance
Andrew RomanCounsel
1 appearance
Peter ChauvinCounsel
1 appearance

for T. C. Assaly

Andrew ListerCounsel
1 appearance
Linda MosienkoAgent
1 appearance

for the applicant

Michael O’BrienUnion representative
4 appearances
Maurice BroadfootCounsel
1 appearance
John SprackettCounsel
1 appearance
David C. DanielsCounsel
1 appearance
David KelavaCounsel
1 appearance
Luigi CaringiUnion representative
1 appearance
Steve CronkrightUnion representative
1 appearance
Chris AppletonCounsel
1 appearance
W. NicholsUnion representative
1 appearance
Domenic BellanzaAgent
1 appearance
Alison CollierUnion representative
1 appearance
Shelly McMurraySelf-represented
1 appearance
S.B.D. WahlCounsel
1 appearance
T.A. ZakrzewskiCounsel
1 appearance
A.M. MinskyCounsel
1 appearance
Gail PolskeyAgent
1 appearance
Timothy J. BartkiwCounsel
1 appearance
Ron RupkeAgent
1 appearance
Don HogarthCounsel
1 appearance
Nick ColemanCounsel
1 appearance

for the Applicant

Luigi CaringiUnion representative
2 appearances
Mary Elizabeth HartAgent
1 appearance
Self-representedSelf-represented
1 appearance
Tammy FedorukSelf-represented
1 appearance
Georgia SteinhardAgent
1 appearance
Pat DewykAgent
1 appearance
Chris CromptonUnion representative
1 appearance
Walter SquazzinAgent
1 appearance
C.A. GauthierAgent
1 appearance
Joe DaignaultAgent
1 appearance
Gary LopesSelf-represented
1 appearance
James ThorpeSelf-represented
1 appearance
Enir BassaniAgent
1 appearance
John WoonCounsel
1 appearance
Donna SpasicAgent
1 appearance
Ian ReillyAgent
1 appearance
Sandra MajicAgent
1 appearance
Craig MorriceSelf-represented
1 appearance
Donna SpasicCounsel
1 appearance
Ray BrazeauAgent
1 appearance

For the Applicant

Doug TschirhartSelf-represented
1 appearance

for the Applicant Association

Harold PiccininniAgent
1 appearance

for the applicants

Barry WeislederSelf-represented
1 appearance
Mr. LigtenbergAgent
1 appearance
Bernard FishbeinCounsel
1 appearance
Deborah BerlachCounsel
1 appearance

for the Applicants

Jerry JoyCounsel
1 appearance
James NoonanCounsel
1 appearance
Roger FultonCounsel
1 appearance

for the Applicants and the Respondent Stelco

Toni-Anne N. DasentCounsel
1 appearance
Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance

for the Applicants and the Respondent Stelco Inc.

Roger FultonCounsel
1 appearance
James B. NoonanCounsel
1 appearance
Jerry JoyCounsel
1 appearance
Toni-Anne N. DasentCounsel
1 appearance

for the Applicant Union

Antonio J. PintoUnion representative
1 appearance

for the Association of Allied Health Professionals: Ontario

Laura TrachukAgent
1 appearance
Sheila PhilipsAgent
1 appearance
Lynn KeaysAgent
1 appearance

for the Canadian Union of Public Employees, Local 5167

Mark GallinaCounsel
1 appearance
Gus OliveiraCounsel
1 appearance
Michael StokesCounsel
1 appearance

for the Carpenters

Andy RootCounsel
1 appearance
C. CalliganCounsel
1 appearance
N. L. JesinCounsel
1 appearance

for the CAW Canada

Anthony F. DaleCounsel
1 appearance
Chris OuelletteUnion representative
1 appearance

for the City of Hamilton

Walter ThorntonCounsel
1 appearance
Robert MenaghCounsel
1 appearance

for the City of Waterloo Staff Association and the applicant

Christopher WilsonCounsel
1 appearance

for the corporate and individual responding parties

Tony FontanaSelf-represented
1 appearance
Michael HoranCounsel
1 appearance
Tony Della LiberaSelf-represented
1 appearance

for the Corporation of the City of Peterborough

Paul WearingCounsel
1 appearance
Murray HynesAgent
1 appearance

for the Corporation of the City of Waterloo

Kathy DurstCounsel
1 appearance
Stephen F. GleaveCounsel
1 appearance

for the Corporation of the Township of Michipicoten

Don CheslockAgent
1 appearance
Grant SouthwellAgent
1 appearance
David CamelettiCounsel
1 appearance

for the Crown in Right of Ontario

Stephen PatersonCounsel
1 appearance

for the Employees’ Union Providence Continuing Care Centre, St. Mary’s of the Lake Hospital

Brian HarrisCounsel
1 appearance
Gerry VarricchioCounsel
1 appearance

for the employer

June TremblayAgent
1 appearance
J. MaltbyAgent
1 appearance
K. W KortCounsel
1 appearance
V PanettaCounsel
1 appearance

For the Employer

Helmut SchletzAgent
1 appearance

for the Group of Employees

Leanne ChahleyCounsel
1 appearance
Beth SmithAgent
1 appearance
Sue MedvedAgent
1 appearance
Sandy McManusAgent
1 appearance
Paula ValoisAgent
1 appearance
Caroline TherrienAgent
1 appearance
Lori BowermanAgent
1 appearance
Margaret TraynorAgent
1 appearance

for the Groups of Anonymous Employees

Kamal HaffarAgent
1 appearance
Patricia FitzpatrickAgent
1 appearance

for the Groups of Employees

Mandy WarnerAgent
1 appearance

for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721

Gary CarolineCounsel
1 appearance
Tony AlmeidaUnion representative
1 appearance

for the intervenor

Mike McCrearyCounsel
1 appearance
Rocco LotitoCounsel
1 appearance
Ron CarltonUnion representative
1 appearance
Mark J. LewisCounsel
1 appearance

for the intervenors

Lynne PhillipsSelf-represented
1 appearance
Bruce HawkinsSelf-represented
1 appearance
Patricia Syms SutherlandSelf-represented
1 appearance
Jim WalshSelf-represented
1 appearance
Doreen RahnSelf-represented
1 appearance
Patricia RutterSelf-represented
1 appearance
Teresa SoulliereSelf-represented
1 appearance
Susan GreatrixSelf-represented
1 appearance
Bob DeymanSelf-represented
1 appearance

for the Labourers’ International Union of North America

Don PentelokeCounsel
1 appearance
Henry PerreiraCounsel
1 appearance
Tony IanuzzziCounsel
1 appearance
John MoszynskiCounsel
1 appearance

for the Ministry

Brian BlumentalCounsel
1 appearance

for the Ministry of Labour

Heidi Ann Lazar-MeynCounsel
3 appearances
Judie ImCounsel
2 appearances
Bridget LynettCounsel
1 appearance
Richard HousenCounsel
1 appearance
Frank CamilleriCounsel
1 appearance
Robert SindingCounsel
1 appearance
Karen NortheyCounsel
1 appearance
Murray KleinCounsel
1 appearance
Brian FukuzawaCounsel
1 appearance
Karima ChaturCounsel
1 appearance
Bruce ArnottCounsel
1 appearance
Laurie EisenbergCounsel
1 appearance
Rick KulyskiCounsel
1 appearance
Stephen MasonCounsel
1 appearance

for the Ontario Nurses' Association

Maureen O'HalloranCounsel
1 appearance
Laura TrachukCounsel
1 appearance
Cindy WilkeyCounsel
1 appearance

for the OSSTF

Joan FarrellCounsel
1 appearance
Jim ForsterCounsel
1 appearance
Paul RookCounsel
1 appearance
Maurice A. GreenCounsel
1 appearance

for the Professional Fire Fighters Association

Judy HarrisUnion representative
1 appearance
Paul BrownUnion representative
1 appearance
Senka DukovichCounsel
1 appearance

for The Residential Low Rise Forming Contractors’ Association of Metropolitan Toronto and Vicinity

Carl PetersonCounsel
1 appearance

for the Respondent

John ReidAgent
1 appearance
Ron SuddsAgent
1 appearance
Bob DubniakAgent
1 appearance
Bruce DavidsonAgent
1 appearance
Victoria ReaumeCounsel
1 appearance
Darlene PurkessAgent
1 appearance
Mr. DeluzioCounsel
1 appearance
Ken DuffAgent
1 appearance
Clifford WilsonAgent
1 appearance
Leanne ChahleyCounsel
1 appearance
Carole E. HoglundAgent
1 appearance
Steven CarsonAgent
1 appearance
Kees KortCounsel
1 appearance

for the Respondent employees

Ms. ShoreCounsel
1 appearance

for the Respondent MacDonald

Senka DukovichCounsel
2 appearances
Minh Ngoc Thi PhamCounsel
1 appearance

for the Respondents

Bev RosserCounsel
1 appearance
Kadi NabeSelf-represented
1 appearance
Colleen MontgomeryCounsel
1 appearance
Linda HickeyAgent
1 appearance
Doreen LurieSelf-represented
1 appearance
Wendy LobekSelf-represented
1 appearance
Lora MonacoSelf-represented
1 appearance
Mandy WarnerSelf-represented
1 appearance

for the responding employee

Neil BalbossaAgent
1 appearance
Richard VaughanAgent
1 appearance
Robert VaughanSelf-represented
1 appearance

for the responding employer

Gordon SlemkoCounsel
1 appearance

for the responding parties

Harold F. CaleyCounsel
1 appearance
Charles CalliganCounsel
1 appearance

For the Responding Parties

James SaundersUnion representative
1 appearance

for the responding party

Doug ChalmersAgent
2 appearances
Harold CaleyCounsel
2 appearances
Richard DrmajCounsel
2 appearances
Nancy EberCounsel
1 appearance
Margaret Penasse-MayerAgent
1 appearance
Bruno SilanoCounsel
1 appearance
Stephen BordoAgent
1 appearance
Mark A. StoneCounsel
1 appearance
Brent ForemanAgent
1 appearance
D. NapoliCounsel
1 appearance
John MoszynskiCounsel
1 appearance
Jorge ValaUnion representative
1 appearance
Larry PerksAgent
1 appearance
Kendal J. McKinneyCounsel
1 appearance
Tom HudsonAgent
1 appearance
Richard LewkoCounsel
1 appearance
Michael WarrenCounsel
1 appearance
Derek LueCounsel
1 appearance
B. RudichukCounsel
1 appearance
Michael HoranCounsel
1 appearance

for the Responding party

Anna SchaibleSelf-represented
1 appearance

for the Responding Party

Shawn Les StrangeAgent
1 appearance
N. B. McCannAgent
1 appearance
Murray ScholtenSelf-represented
1 appearance
Barry BaileySelf-represented
1 appearance
Antonio CastroAgent
1 appearance
Nick DomenichielloAgent
1 appearance

for the Southern Ontario Newspaper Guild

Lorne SlotnickCounsel
2 appearances
Luiza MonteiroCounsel
2 appearances
Kathleen MartinCounsel
2 appearances

for the TDSB

Lynda GrovesCounsel
1 appearance
Brenda BowlbyCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America

Walter TracognaUnion representative
1 appearance
David WatsonCounsel
1 appearance

for the United Brotherhood of Carpenters and Joiners of America, Local 1256

N.L JesinCounsel
1 appearance
R. CarltonCounsel
1 appearance

for the Universal Workers Union, LIUNA Local 183

Tony PintoCounsel
1 appearance
Marcia KredentserCounsel
1 appearance

for the Universal Workers Union, L.I.U.N.A., Local 183 and the International Union of Operating Engineers, Local 793

A. MinskyCounsel
1 appearance
M. LewisCounsel
1 appearance
Rocco LotitoUnion representative
1 appearance

for Thomas Fuller Construction Co. (1958) Ltd.

Bill FullerCounsel
1 appearance

for Thomas G. Fuller & Sons Limited

Simon FullerCounsel
1 appearance

for Toronto Parking Authority

Barry MartinCounsel
1 appearance
William LeMayCounsel
1 appearance

for Windsor Casino Limited

Ken DiFedericoCounsel
1 appearance
Carolyn KayCounsel
1 appearance

for Wyecroft Lumber and Trim Limited

Philomena BlakeCounsel
1 appearance

on her own behalf

Cheryll TuckerSelf-represented
1 appearance
Evelyn McKinleySelf-represented
1 appearance
Judy MacintoshSelf-represented
1 appearance

on his own behalf

Lincoln RambaranSelf-represented
1 appearance
Brian MacDonaldSelf-represented
1 appearance
Nelson DaSilvaSelf-represented
1 appearance
J. Stephen WilsonSelf-represented
1 appearance

on their own behalf

Natasha Rosemary ReidSelf-represented
1 appearance
Rosa XavierSelf-represented
1 appearance

representing herself

Arline DeaconSelf-represented
1 appearance

482

Decisions

Years active

Tribunals

2.2

cases/mo

OLRB410(85%)

OPEHT72(15%)

Decision types

motion

308

appeal

113

trial

/Adjudicator

Mary Ellen Cummings — Vice-Chair

Employment and Labour Law

Indigenous Legal Issues

Mary Ellen Cummings

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 1991

OPEHT OLRB

482

cases · 19 yrs · OLRB, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chair· 250Alternate Chair· 87Chair· 51Alternate Chair· 38Vice-Chair· 12Vice-Chair· 9Vice-Chair· 9Adjudicator/Referee· 8

Mary Ellen Cummings

G. McMenemy

OLRBUnanimous0 cases2000–2000

G. Knight

Responding party directed to file Notice of Intent to Defend within five days or face default decision.

The applicant union referred a construction industry grievance to the Board under section 133 of the Labour Relations Act, 1995.

The responding party failed to file a Notice of Intent to Defend.

The International Union of Painters and Allied Trades v. 123427 Ontario Ltd. c.o.b. as TGM Services, 2000 CanLII 8549

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order declaring Athletica Inc. a successor employer and ordering payment of $4,000.

The applicant union brought an application for declaratory relief under sections 69 and 1(4) of the Labour Relations Act, 1995, and referred a grievance to the Board under section 133.

The parties entered into Minutes of Settlement resolving all issues.

The Board issued a consent order declaring Athletica Inc. a successor employer to Crystaplex Plastics Ltd. and bound to the provincial collective agreement.

The Board also ordered Athletica Inc. to pay $4,000 to the applicant.

Carpenters and Joiners Local 494 United Brotherhood of Carpenters and Joiners of America v. Crystaplex Plastics Ltd., 2000 CanLII 7557

Mary Ellen Cummings

G. McMenemy

OLRBUnanimous0 cases2000–2000

G. Knight

Representation vote ordered in construction industry certification application.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The Board found that the applicant appeared to have the requisite membership support of not less than forty percent in the proposed bargaining unit.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken among the eligible employees.

International Brotherhood of Electrical Workers, Local 773 v. TBT Electric Ltd., 2000 CanLII 6435

Mary Ellen Cummings

Further extension of time granted to file submissions due to Board's administrative error.

The applicant sought a suspension and appeal of an inspector's order under the Occupational Health and Safety Act.

The Board had previously granted an extension of time for the applicant to file additional submissions after retaining counsel, but failed to send a copy of that decision to the counsel.

The Board apologized for the administrative error and granted a further extension of time for the applicant to file submissions.

Armbro Construction Ltd. v. Labourers Local 527 Ottawa, 2000 CanLII 8557

Mary Ellen Cummings

G. Pickell

A. Haward

Consent order issued declaring collective agreement violations and ordering payment of $3,272.52 in damages.

The applicant union referred a grievance in the construction industry to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement and requested the Board to issue a consent order.

The Board declared that the responding party was bound by the collective agreement and had violated several of its articles.

The Board ordered the responding party to pay $3,272.52 in damages, representing unpaid remittances and compensation to a union member.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Shawn’s Roofing Inc., 2000 CanLII 1949

Mary Ellen Cummings

Employee request for review terminated following confidential settlement between the parties.

The applicant employee requested a review of an Officer's decision not to issue an Order to Pay under the Employment Standards Act.

The parties subsequently entered into confidential Minutes of Settlement.

As the settlement resolved all issues in dispute, the Board terminated the matter in accordance with section 69.1(5) of the Act.

Gina Vona v. Vernomatic Ltd. c/o Magna International, 2000 CanLII 1945

Mary Ellen Cummings

Request to suspend health and safety order pending appeal declined as employer was already complying.

The applicant employer sought to suspend an Inspector's order requiring it to establish a joint health and safety committee for replacement workers during a strike, pending an appeal of that order.

The employer argued the order was unclear and could cause workplace divisions.

The employer was permitted to revive the request if circumstances changed.

Falconbridge Limited v. Sudbury Mine, Mill & Smelter Workers’ Union, Local 598/C.A.W., 2000 CanLII 1305

Mary Ellen Cummings

Application for review dismissed as untimely; applicant failed to justify 60-day delay in filing.

The applicant filed an application for review of an Officer's decision 60 days beyond the statutory 45-day time limit under the Employment Standards Act.

The applicant claimed she was out of town and did not receive the decision on time, but failed to explain a further one-month delay after dating the application.

The Board declined to extend the time limits, noting the applicant's failure to make mail arrangements and lack of prompt action upon return.

The application was dismissed as untimely.

Small v. Tommy Cooks Restaurant, 2000 CanLII 9924

Mary Ellen Cummings

Unfair labour practice complaint terminated due to applicant's failure to file a Certificate of Delivery.

The applicant filed a complaint alleging the union breached its duty of fair referral under section 75 of the Labour Relations Act, 1995.

The applicant failed to include a Certificate of Delivery as required by Rule 25 of the Board's Rules of Procedure.

Despite being notified by the Registrar, the applicant did not provide the certificate or explain its absence.

The Board declined to process the application and terminated the proceeding pursuant to Rule 39.

Giancarlo Cesaroni v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, 2000 CanLII 7879

Mary Ellen Cummings

G. Pickell

A. Haward

Board orders representation vote in construction industry certification application after employer fails to respond.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party failed to file a response.

The Board found that the applicant is a trade union and that not less than forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken of the eligible employees in the appropriate bargaining unit.

Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America v. E. Sanita Holdings Ltd., 2000 CanLII 7781

Mary Ellen Cummings

Time limit to file application for review extended where applicant mistakenly sent appeal to Officer.

The applicant filed an application for review of an Officer's decision not to issue an Order to Pay under the Employment Standards Act two days beyond the 45-day statutory time limit.

The applicant explained that he mistakenly sent the appeal to the Employment Standards Officer instead of the Board.

The Board exercised its discretion under section 68(4) of the Act to extend the time limit, finding it appropriate given the short delay and the reasons provided.

John N. Hung Deu v. Allied Partners Insurance Agency Ltd., 2000 CanLII 2746

Mary Ellen Cummings

Adjournment request denied as inconvenience to witnesses due to business commitments is not a satisfactory reason.

The Ministry of Labour consented to the adjournment.

A. A. Waters & Brooks v. Farzin Lachini et al., 2000 CanLII 2575

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Three masonry contractors declared a single employer due to common control and erosion of bargaining rights.

The applicant unions sought a declaration under sections 69 and 1(4) of the Labour Relations Act that three masonry contractors constituted a single employer.

The responding parties did not file responses or participate in the proceedings.

The Board granted the application and declared the three entities a single employer to prevent the erosion of bargaining rights.

Masonry Council of Unions Toronto and Vicinity v. Rulman Masonry Inc., 2000 CanLII 6367

Mary Ellen Cummings

Application withdrawn with leave of the Board.

The applicant sought to withdraw his application against the responding parties.

The Ontario Labour Relations Board granted leave to withdraw the application.

Peter Anthos v. Mega Burgers and Ministry of Labour, 2000 CanLII 2658

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardOct 6, 2000

Board cancels oral hearing and proceeds on written materials after responding parties fail to participate.

The applicants filed an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

The responding parties did not file responses or express interest in the proceedings.

Masonry Council of Unions Toronto and Vicinity v. Rulman Masonry Inc., 2000 CanLII 6858

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 20, 2000

Board directs oral hearing to resolve factual disputes regarding validity of voluntary recognition agreement.

The applicant applied for certification in the construction industry.

Finding significant factual disputes in the submissions, the Board directed that the matter be resolved in a traditional oral hearing.

Construction Workers Local 52 v. Valleywood Air Systems Inc., 2000 CanLII 6648

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Board incorporated Minutes of Settlement and scheduled a hearing to determine additional monies owing.

The applicant union referred a grievance in the construction industry under section 133 of the Labour Relations Act, 1995.

The parties entered into Minutes of Settlement, which they requested the Board to incorporate into a decision.

The matter was referred to the Registrar to be listed for hearing.

Carpenters and Allied Workers, Local 27, United Brotherhood of Carpenters and Joiners of America v. 1328156 Ontario Limited and Resici Group Inc., 2000 CanLII 7054

Mary Ellen Cummings

J. G. Knight

G. McMenemy

Grievance referral withdrawn with leave of the Board following Minutes of Settlement.

The applicant union filed a grievance referral against the responding party employer.

The parties reached Minutes of Settlement.

The Ontario Labour Relations Board granted leave to withdraw the application.

Labourers’ International Union of North America, Local 1089 v. Doug Chalmers Construction Limited, 2000 CanLII 3536

Mary Ellen Cummings

J. G. Knight

G. McMenemy

OLRBOntario Labour Relations BoardSep 14, 2000

Application adjourned sine die on consent for a period not exceeding one year.

The applicant union and responding party employer agreed to adjourn the application sine die.

The Ontario Labour Relations Board consented to the adjournment for a period not exceeding one year, after which the application would be deemed terminated if neither party requested to proceed.

The International Union of Painters and Allied Trades, District Council 46 (Local 1891) v. Ziggy’s General Contracting Ltd., 2000 CanLII 11001

Mary Ellen Cummings